President Donald Trump has announced the deployment of 2,000 California State Guard troops to Los Angeles to address immigration protests, contrary to the wishes of California Governor Gavin Newsom.
This isn’t the first instance of Trump revitalizing the National Guard to manage protests. In 2020, he urged governors from several states to send troops to Washington, D.C., in response to the demonstrations following the death of George Floyd at the hands of Minneapolis police. Many governors complied, dispatching troops to the Federal District, while others who declined maintained their forces within their own borders.
In this instance, Trump is acting independently of Newsom’s authority. Under normal circumstances, Newsom retains command of the California National Guard. However, Trump contended that the military must be federated to “address lawlessness” in California, while Newsom labeled the action as “deliberately inflammatory” and an escalator of tension.
There are essential considerations to understand regarding the conditions under which the president can deploy troops on U.S. soil.
The Law is Vague
Generally, federal forces are prohibited from performing civil law enforcement duties for U.S. citizens except during emergencies.
Laws dating back to the 18th century, known as Rebellion Law, serve as the primary legal basis allowing a president to activate military forces amid unrest. Nevertheless, Trump did not invoke the Rebellion Act this past Saturday.
Instead, he utilized other federal laws which permit the president to deploy the National Guard under specific circumstances. He ordered a part of the California State Guard to operate as a federal entity. According to Newsom’s Office, this places it under federal command rather than state control.
The National Guard functions as a hybrid organization supporting both state and federal interests. They usually operate under state command and funding, but can be called to serve federal missions while still being under state command and utilizing federal funds.
The law cited by Trump’s declaration permits deployment of National Guard troops under federal command under three conditions: In cases of invasion or imminent invasion; if there is a risk of rebellion against U.S. authority; or if the president is unable to “enforce U.S. laws” using regular forces.
However, the law also states that such orders must be “issued through the governor of the state,” leaving ambiguity regarding whether the president can activate the National Guard without state orders.
The Role of the National Guard is Limited
Trump’s declaration specifically indicates that National Guard troops are to play a supportive role, safeguarding ICE officers in their enforcement tasks rather than engaging in law enforcement themselves.
Steve Vladeck, a Georgetown University Law Center professor specializing in military justice and national security law, mentions that the National Guard cannot legally conduct usual law enforcement tasks without the invocation of rebellion laws by Trump.
Vladeck cautioned that this could lead to military forces potentially acting beyond their “protective” role, which might set a precedent for more aggressive military actions, as detailed on his website.
“There is nothing these troops are allowed to do that the ICE officers, whose protests they are guarding, could not do themselves,” wrote Vladeck.
The Military Has Been Mobilized Previously
The Riot Act and similar laws have previously been enacted during the civil rights era to protect activists and students against segregation. President Dwight Eisenhower sent the 101st Airborne to Little Rock, Arkansas, to safeguard black students attempting to integrate Central High School after the governor had mobilized the National Guard to keep them out.
George H.W. Bush dealt with the 1992 riots following the acquittal of a white police officer who assaulted black driver Rodney King.
The National Guard has also been deployed during various emergencies, including the COVID-19 pandemic, hurricanes, and other natural disasters. However, these mobilizations typically occur with the agreement of the appropriate state governor.
Trump’s Willingness to Utilize Military Force in His Hometown
On Sunday, when asked about plans to send troops to Los Angeles, Trump stated, “We’re going to have an army everywhere. We’re not going to let this happen to our country. Our country will not be torn apart as it is under Biden.” He did not provide further details.
In 2020, Trump pushed governors from various states to deploy National Guard troops to Washington, D.C., to manage protests arising after George Floyd’s death. Many governors complied, sending troops to the Federal District.
At that time, Trump also threatened to invoke the rebellion law, an action rarely executed in modern American history, due to protests following Floyd’s death. Nonetheless, defense secretary Mark Esper countered, asserting that this law should only be activated “in the most urgent and dire circumstances.”
Trump never invoked the Rebellion Act during his first term.
However, during his second campaign, he indicated a willingness to change that stance, claiming in Iowa in 2023 that he had been obstructed from deploying military measures to curb violence in cities and states during his first term, asserting, “I’m not waiting” during his next term.
Trump has further pledged to mobilize the National Guard to aid in achieving his immigration enforcement goals, with his top advisor, Stephen Miller, outlining how this would be implemented. In 2023, Miller mentioned on “The Charlie Kirk Show” that troops would be dispatched from sympathetic Republican governors to neighboring states that refuse to comply.
Following Trump’s announcement of federating the National Guard, Defense Secretary Pete Hegseth mentioned that additional measures would be introduced.
Hegseth shared on the social media platform X that active Marines from Camp Pendleton are on high alert and will be deployed “if violence persists.”
Source: apnews.com